Council Meeting Minutes - held on Tuesday 15 September 2020 at 7.00pm MS Teams - www.yarracity.vic.gov.au - Tuesday, 15 September 2020
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Minutes Page 1
Council Meeting
Minutes
held on Tuesday 15 September 2020 at 7.00pm
MS Teams
www.yarracity.vic.gov.au
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 2
1. Acknowledgement of Country
“Yarra City Council acknowledges the Wurundjeri Woi Wurrung people as the
Traditional Owners and true sovereigns of the land now known as Yarra.
We acknowledge their creator spirit Bunjil, their ancestors and their Elders.
We acknowledge the strength and resilience of the Wurundjeri Woi Wurrung, who have
never ceded sovereignty and retain their strong connections to family, clan and country
despite the impacts of European invasion.
We also acknowledge the significant contributions made by other Aboriginal and Torres
Strait Islander people to life in Yarra.
We pay our respects to Elders from all nations here today—and to their Elders past,
present and future.”
1. A. Special Announcement – North Richmond Resident turns 110
North Richmond resident Van Hoa Lam reached the impressive age of 110 years this
past winter.
Hoa was born in Vietnam in 1910 and moved to Australia in 1986. When she first
moved to Richmond she would “do exercise every morning with a group of friends in
the park, attend community groups and get to know many new friends.”
Hoa still lives independently in North Richmond and is an avid AFL fan watching the
footy on TV and past matches on youtube!
For many years, Hoa celebrated her birthday with her friends at North Richmond
Community Health. This year, Hoa was unable to share her momentous birthday with
her friends due to COVID-19 lockdown restrictions but the staff at North Richmond
Community Health wished her Happy Birthday over the phone and sent her a card from
the team.
Hoa said, “I am not allowed to meet my friends every month in the senior’s group, or go
to weekly chair based exercise group, nor go to the temple and I have not had any
visitors! So I took the photos that were taken from [last year’s birthday celebrations]
and looked at the pictures of my old friends to recall that joy.”
“During this time in lockdown, I am still doing exercise consistently every day. I usually
cycle on my bike 100 circles a day, moving my arms and legs following the instructions
that I remember from the group exercise class. And my children come to visit and bring
me food every day.”
What an inspiration! So, from all of us at Yarra Council, Hoa, we wish you a very
Happy Birthday!
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 3
2. Attendance, apologies and requests for leave of absence
Attendance
Councillors
• Cr Danae Bosler (Mayor)
• Cr Misha Coleman (Deputy Mayor)
• Cr Mi-Lin Chen Yi Mei
• Cr Jackie Fristacky
• Cr Stephen Jolly
• Cr Bridgid O’Brien
• Cr James Searle
• Cr Amanda Stone
Council officers
• Vijaya Vaidyanath (Chief Executive Officer)
• Ivan Gilbert (Group Manager Chief Executive’s Office)
• Brooke Colbert (Group Manager Advocacy, Engagement and Communications)
• Lucas Gosling (Director Community Wellbeing)
• Gracie Karabinis (Group Manager People and Culture)
• Chris Leivers (Director City Works and Assets)
• Diarmuid McAlary (Director Corporate, Business and Finance)
• Bruce Phillips (Director Planning and Place Making)
• Rhys Thomas (Senior Governance Advisor)
• Mel Nikou (Governance Officer)
Apology
• Cr Daniel Nguyen
3. Declarations of conflict of interest (Councillors and staff)
Nil
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 4
4. Confidential business reports
Item
4.1 Chief Executive Officer – Determination on Performance
Review and KPI matters
This item is to be considered in closed session to allow
consideration of personal information, being information which if
released would result in the unreasonable disclosure of information
about any person or their personal affairs.
These grounds are applicable because the report contains private
information about the personal affairs of an individual.
4.2 C1534 - Tender for Jack Dyer Pavilion redevelopment
This item is to be considered in closed session to allow
consideration of private commercial information, being information
provided by a business, commercial or financial undertaking that
relates to trade secrets or if released, would unreasonably expose
the business, commercial or financial undertaking to disadvantage.
These grounds are applicable because the report contains
information submitted on a commercial in confidence basis by
private businesses as part of a competitive procurement process.
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 5
Confidential business reports
The following items were deemed by the Chief Executive Officer to be suitable for
consideration in closed session in accordance with section 66(2)(a) of the Local
Government Act 2020. In accordance with that Act, Council may resolve to consider
these issues in open or closed session.
COUNCIL RESOLUTION
Moved: Councillor Chen Yi Mei Seconded: Councillor Stone
1. That the meeting be closed to members of the public, in accordance with section
66(2)(a) of the Local Government Act 2020, to allow consideration of confidential
information.
CARRIED UNANIMOUSLY
Following consideration of Confidential business, the meeting resumed in open
session.
5. Confirmation of minutes
The minutes of the Council Meetings held on Tuesday 18 August 2020 and Tuesday 1
September 2020 will be confirmed at the next Council Meeting on Tuesday 20 October
2020.
Councillor Fristacky arrived to the meeting at 7.04pm
The order of business suspended to hear item 12.1.
6. Petitions and joint letters
Nil
7. Public question time
Item Page
7.1 Andrew McGregor (Plakkit Pty Ltd) – Advertising License 8
7.2 Peter Kaylor (Gertrude Street Precinct COVID Recovery Group) –
Vacant Premises on Gertrude Street 8
7.3 Andrew McConnell (Cutler & Co. & Builders Arms Hotel) -
Opening up public spaces 9
7.4 Sam Rush (Handsom) – Boutique Retailers 9
7.5 Yvonne Pecujac – Pocket Park 10
7.6 Marnie Morieson (Kennedy Nolan) – Pavilion in Fairfield Park 11
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 6
8. Delegates’ reports
Item Page Res.
Page
8.1 Councillor O’Brien – Heritage Advisory Committee (HAC) 12 15
8.2 Councillor O’Brien - Yarra’s Art Advisory Committee (YAARTS) 15 20
9. General business
Item Page Res.
Page
9.1 Councillor O’Brien – Actions from Heritage Advisory Committee 20 20
10. Questions without notice
Item Page
10.1 Councillor Stone – Construction Activity in Yarra 21
10.2 Councillor Stone – Council Resolution on Black Lives Matter 22
10.3 Councillor Fristacky – Gertrude Street Open Air Dining 23
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 7
11. Council business reports
Item Page Res.
Page
11.1 Elizabeth Street bicycle lane 24 30
11.2 Park Street Bicycle Projects 33 34
11.3 Community Engagement Policy and Action Plan 37 40
11.4 Amendment C223 - 81-95 Burnley Street and 26 Doonside Street 42 43
Planning Controls - Adoption
11.5 Amendment C286 Public Open Space Contributions 44 45
11.6 Yarra Nature Strategy 2020-2024; Final Strategy for consideration 46 46
and adoption
11.7 Yarra's Integrated Water Management Plan 48 48
11.8 2019/20 Annual Financial Statements, Performance Statement, 50 50
and LGPRF Reports adoption 'in principle'.
11.9 2019/20 Annual Plan Quarterly Progress Report - June 51 51
12. Notices of motion
Item Page Res.
Page
12.1 Notice of Rescission 1 of 2020 - Investing in the post-COVID 52 53
recovery
12.2 Notice of Motion No. 15 of 2020 - Gleadell Street Market 55 56
12.3 Notice of Motion No. 16 of 2020 - Council Resolution Summary 57 57
12.4 Notice of Motion No. 17 of 2020 - Transparency of Council 58 58
Committees
13. Urgent business
Item Page Res.
Page
13.1 Urgent Business Motion – Recognition of Yarra’s Community- 59 59
based Health Providers and Council Officers during the COVID19
Pandemic
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 8
6. Petitions and joint letters
Nil
7. Public question time
This record is provided as a summary of the questions asked by members of the public
during Public Question Time at a meeting of the Yarra City Council. A recording of the
Council Meeting (including Public Question Time) is available on Council’s website for
twelve months following the meeting. Where a question is taken on notice and unable
to be answered at the meeting, the full response is also published on Council’s website
when it becomes available.
7.1 Andrew McGregor (Plakkit Pty Ltd) – Advertising License
Question: 7.27pm
Is Yarra City Council aware the Department of Transport's released a tender in May
2020, for the development of a new Advertising License, for 1100 advertising sites
over a 10 year period on VicRoads infrastructure? And the impact this license will
have on the City of Yarra, including the impact on councils streetscapes, its
residents, visitors and more specifically, the negative impact on Melbourne's
struggling cultural sector, as sites frequently used by the cultural sector to advertise,
will be the lost, gobbled up by the corporate advertising dollar.
I wish to ask the Council to lobby the Department of Transport (DoT) and the Minister
responsible, Hon Ben Carroll. A new DoT Advertising license, needs to include a
concession for the cultural sector. On behalf of Plakkit, I submitted a request for
tender detailing an alternative proposal. The DoT must ensure a portion of VicRoads
assets within Yarra City are excluded from the DoT Small Format License, and
allocated exclusively for the cultural sector to use for advertising. Update - At 5pm
on Monday the 14th September, I received a phone call from Cr Coleman, Mayor of
Yarra City. Cr Coleman gave me some advice. I appreciate the advice and I believe
Yarra understand my concerns raised and acknowledge the associated risks. I will
follow the advice provided. I would still like ask Council my questions but don’t want
to waste Councils time.
Response:
The Mayor advised; I will do my best between now and the care taker period to
elevate your concerns with the responsible minister.
7.2 Peter Kaylor (Gertrude Street Precinct COVID Recovery Group) – Vacant Premises
on Gertrude Street
Question:
Councillors, are you aware there are 18 vacant premises for lease on Gertrude
Street and the precinct is suffering due to extended lock downs and zero interstate
and international visitors who journey to Gertrude Street for its well-known eateries
and artisanal, independent traders which are promoted across the world by
visitvictoria.com?
Response under 7.4
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7.3 Andrew McConnell (Cutler & Co. & Builders Arms Hotel) - Opening up public spaces
Question:
Are you aware of Melbourne City Councils plans to open up public spaces, carparks,
roads and laneways and the Premier’s comments on September 14th to "local
government across the board, we are happy to support you to expedite the planning
arrangements here, but there needs to be some urgency with this, We don't want
bureaucratic delays. We don't want arguments and debates. We want as many
people seated in as quick a time as possible, utilising public space that has never
been on offer previously ... because this challenge is absolutely unprecedented."
Response under 7.4
7.4 Sam Rush (Handsom) – Boutique Retailers
Question:
Are you aware of the current and ongoing challenges boutique retailers are facing in
Gertrude Street and the wider Fitzroy community?
Response:
The Director Planning and Place Making responded to questions in 7.2, 7.3 and 7.4
as they were all on a similar topic;
I have seen the questions tonight and this is a very important topic. The retail
industry have been doing it tough for a long time and the COVID situation has been
extremely difficult. Council is very aware that the kerb side trading is an important
topic, it has been, we have trialled a few centres over the last few months but they
have only been effectively small trials. The government have made major
announcements as everyone is aware. The Executive this week are considering a
number of matters that the key staff have been working on across the organisation
over the last couple of weeks. There are some complexities in this, but the intention
is to try and make it as simple and as seamless as possible and take away the
bureaucracy, so we are certainly gearing up as an organisation.
I know that the Municipal Association of Victoria (MAV) yesterday sponsored a
meeting with all the CEO’s in Victoria and obviously greater Melbourne as well. So
we are well aware of the situation, we wish to help, we will do the best we can and
will try to make it seamless.
The State Government grants, for the benefit of people listening online, there is a
precinct grant that has been released today and yesterday by yourself Mayor and it
is certainly a matter that our Economic Development Unit and Communications are
promoting with the traders. So we are trying to help as much as we can.
The Chief Executive Officer also advised;
As the Director Planning and Place Making pointed out, I had a meeting yesterday
with the State Government and with the Municipal Association of Victoria (MAV) with
regard to the hospitality sector and how the situation will work with them. I had a
meeting with the Department of Transport (DoT) today and also have another
meeting with DoT and the Executive team. This is our top priority, it is not just
because of the submitters that have spoken today, it is the biggest item on our
agenda and we are completely aware of it. Where we can raise it to another level is
with our Economic Development Officer, I can ask him to walk around Gertrude
Street and speak with businesses and get some hands on information.
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We are also working with Melbourne City Council because we know what happens in
Melbourne will be replicated here very soon and we are absolutely aware of the
situation in Melbourne, I have been in contact with the CEO, Justin Hanney. I don’t
want to over promise and under deliver because tomorrow out of the Executive
meeting, we will have some sort of action plan and after my meeting with DoT
tomorrow I will be able to turn it into something more concrete. We have got
Gertrude Street in our sights.
In my discussion with DoT, we have been talking about the precincts, existing
resident amenities and other stakeholders. It is a tough situation but we have to
balance the community needs. So I would say to tonight’s submitters, you may see
some of our staff calling on you and calling on your resourcing in terms of innovation
and what else could be done.
The Mayor also advised;
If you could forward on the proposal you referred to earlier I would be happy to
arrange a meeting with relevant Council staff and yourselves before the end of the
week so we can outline all opportunities.
7.5 Yvonne Pecujac – Pocket Park
Question: 7.47pm
Is the Council aware that a group of residents are pushing for the regeneration of the
neglected VicRoads land at the N/E corner of Hoddle and Johnston St Collingwood,
turning the eyesore into a badly needed pocket park full of native plantings and
seating. Residents are happy to volunteer in turning this neglected eyesore full of
broken glass and shopping trollies into valuable urban green space and wonder if a
street art mural could be installed at the back of the land - currently plastered with old
rock venue posters - celebrating our First People and the diversity of the area's
inhabitants. With help, this piece of land is ideal for providing amenity for people,
support for wildlife and celebrating our unique heritage. What do you think about this
idea and does this fit in with Council policy for more open space? 2 Would the
Mayor and CEO of Yarra Council be willing to write a letter to our local MP, who is
also the Minister for Planning and Multicultural Affairs, supporting this proposal?
Response:
The Director City Works and Assets advised;
I wasn’t aware of a proposal by residents but useful to know there is interest. As the
resident mentioned it is land that is owned by VicRoads so anything done on this
land would need to be done with their permission. So we would need to seek their
advice. My understanding of this space is that it is currently maintained under
agreement with VicRoads by the City of Yarra, although there are some negotiations
in relation to that. As to the specific question on whether the Mayor will write to the
local MP, I can’t answer, but we can have a conversation with the community groups
as to their interest and how they might be able to make their own submission to
VicRoads.
The Director Planning and Place Making didn’t have anything further to add.
Councillor O’Brien left the meeting at 7.49pm
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7.6 Marnie Morieson (Kennedy Nolan) – Pavilion in Fairfield Park
Question: 7.52pm
Councillor O’Brien returned at 7.53pm
Are you aware that over the last week there has been an unprecedented tsunami of
social media support from young people in the community, outraged by Council's
decision to demolish the Pavilion in Fairfield Park. A petition started by Kennedy
Nolan Architects has over 2200 signatures, and the story has been published by
major design publications including the Design Files, Architecture Australia and
Open Journal and shared by hundreds of individuals. Designed by multi-award
winning architects Carter Couch, the pavilion & storage facility under provided
storage for sets used at the bluestone amphitheatre, as well as a public space that
maintained views from the walking tracks to the river. Council are intending to
destroy the pavilion and to erect a storage shed for the Canoe Club in its place. We
understand that this project has gone through VCAT, however, the decision to
demolish the pavilion makes no sense from a sustainability or heritage perspective
and destroys an outdoor public venue needlessly in a time when outdoor facilities are
increasingly required. Furthermore: Council's Heritage Advisor Ruth Redden
determined (06.09.2019) that the pavilion has “contributory social significance” as
well as “architectural significance in and of itself” and should be retained & protected.
Chair of Architecture at Melbourne University, Prof. Philip Goad wrote to council in
objection to the demolition of this pavilion (03.07.2019), and support for its inclusion
on the Victorian Heritage Register. The pavilion is pending listing on the Victorian
Heritage Registry.
We hope that we can quickly report back to the 2200+ petition supporters that
council will do one of the following (in order of preference):
a. Follow the advice of their own heritage adviser Ruth Redden (and their 2010
City of Yarra Fairfield Master Plan) and retain & protect the pavilion in its
current location.
b. Postpone any works until the building's current nomination to the Victorian
Heritage Registry has been assessed (the Heritage Victoria will meet to review
the nomination in late September)
c. Commit to relocating the pavilion structure within Fairfield Park rather than
putting it in the bin. Buildings should not be so readily disposable. Can you
explain, or can your governance officer explain, technically speaking, what if
any are the ways that we could get the demolition of this significant pavilion
stopped - could we get a council resolution, or perhaps we have the matter
reassessed at the Budget Review?"
Response:
The Director City Works and Assets advised;
Some of the information we have seen from the campaign has been somewhat
misleading because it does suggest that the plan is to demolish the pavilion, and
there isn’t a plan to demolish the pavilion. The proposal is to demolish the gazebo
on top of the pavilion to make way for boat storage on the roof of the pavilion.
Council considered and approved a permit to demolish the steel structure on the roof
of the pavilion in order to build a boat storage shed. Kennedy Nolan objected to the
matter and it was heard by VCAT. VCAT subsequently granted a permit for the
demolition of the structure noting that the structure had no heritage significance. I
should say, the CMP for Fairfield Park identified Fairfield Park as having heritage
significance, but none of the buildings themselves have individual or contributory
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 12
heritage significance. VCAT’s finding was that based on the heritage review and the
statement of significance, the structures do not contribute to the significance of the
heritage place and therefore their loss would not present an unacceptable outcome
from a heritage perspective. I accept there are different views on that; and what I am
responding to are the decisions that have been made and the reasons that have
been given based on those decisions.
Also, in relation to the campaign that has been put, it suggests that Kennedy Nolan
has put an alternate solution and that their design would be an appropriate way to
resolve this matter. Just for Councillors information, the alternate solution houses
about a third of the boats that need to be housed to remove the boats from the
current pavilion. The club require all the boats be removed and there isn’t another
location along the riverbank suitable to store those boats. The alternate solution isn’t
really a solution for the club. We did have a good look at that solution, we were open
to looking at alternatives, but it couldn’t house the boats and it was significantly more
costly.
I understand one of the questions the submitter is seeking advice on and the petition
is seeking is that we wouldn’t proceed prior to hearing Heritage Victoria’s
determination, and we would commit to that. We are not going to ignore the fact that
there has been a reference to Heritage Victoria, so what I would say is that there is
no plan to demolish the gazebo until Heritage Victoria have considered the request.
In response to Question c; Officers are following the resolution of Council as it
stands. Council resolved to proceed with this project, have allocated the budget for it
and made a decision on the permit to demolish and VCAT have subsequently done
that. At this point we would need a subsequent resolution of Council to take an
approach other than that to proceed.
As I said, we are not going to proceed whilst Heritage Victoria are considering it. If
they reject the demolition or suggest there is heritage value in the gazebo we would
then revisit the project and would need to come back and provide advice to Council
and seek further direction.
8. Delegates’ reports
8.1 Councillor O’Brien – Heritage Advisory Committee (HAC)
Start time: 8.00pm
Committee Heritage Advisory Committee (HAC)
Appointed Councillors Bridgid O’Brien, Danae Bosler and James Searle
Date of Council Meeting 15 September 2020
Date of Report 15 August 2020
Report Author Bridgid O’Brien
DELEGATES REPORT
The Heritage Advisory Committee (HAC) met on 6 August 2020. Cr Bosler, Cr Searle
and Cr O’Brien were in attendance.
Agenda items for this meeting included:
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 13
1. Tall Proposals and Heritage Streetscapes
A paper was circulated which raised a concern of the Fitzroy Residents’ Association.
A number of very tall development proposals within Heritage Overlay areas are going
directly to VCAT without a Council determination due to the 60-day response period
elapsing. These development proposals have not been presented to IDAC.
HAC noted two examples:
• 84-104 Johnston Street Fitzroy (11 storey development); and
• 14-18 Smith Street (10 storey tower and a basement).
As these two development applications have not been presented to IDAC, HAC
requested the following clarifications:
• How does this affect the evaluation of these proposed developments from a
heritage streetscape protection and heritage neighbourhood character
standpoint?
• Does it diminish the connection of local heritage expertise in the final decision-
making process?
It was suggested the 60-day response period and Council Actions could be included
as a part of the Push Notifications System to be considered by the Council on 18
August.
The Committee requested that these matters be referred to in the Delegate’s Report.
2. Views to Yorkshire Brewery- Impact of the development proposal on 128-
144 Wellington Street
The concern that the views to the Yorkshire Brewery will be blocked due to a
proposed development on 128-144 Wellington Street was discussed.
The related issue of the inclusion of the protection of views to the Royal Exhibition
Building Dome as recommended in the World Heritage Management Plan should be
in the Landmarks Policy, was agreed.
HAC recommended that Council should explore possibilities to amend the
Landmarks Policy, which is part of the Planning Scheme Rewrite, before it goes on
public exhibition.
3. Amendment C245: Possible options for documentation/recording of theatre
interiors.
Given the possibility that Amendment C245 may result in no interior controls for
Yarra’s theatres, the following options for recording the theatre interiors were
suggested by various HAC members:
• measured drawings could be produced through a student project if necessary
• Historical Societies may have explored options for documentation of heritage at
risk
• It was noted photographs can be obtained and stored with the State Library.
There can be a requirement on the developers to provide a set of photographs/
film.
• It was recommended that Council organise a 3D-VR documentation as was
presented to HAC a few months ago.
It was agreed that RS pursue the matter and report back to the HAC in the next
meeting whether 3D-VR documentation was possible.
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4. Heritage Experience (or qualifications) for specific Position Descriptions
Given the significant spread and extent of heritage in Yarra it was discussed that
experience or qualifications in heritage is important particularly for significant
Planning Officer positions.
HAC discussed that a requirement within Position Descriptions should include
Heritage qualifications or experience, for significant staff roles in Yarra.
It was discussed that all matters in Council should have a response to heritage
aspects and values, a heritage lens across all decisions. HAC seeks advice about a
centralised heritage oversight of all Council matters and if Council Reports can
include a specific section on heritage implications.
It was pointed out that there is need for better resourcing of Yarra’s heritage
department. It was also suggested that opportunities for further education and
training in heritage be organised for key Council officers.
5. Cast iron gas-light base on the corner of Scotchmer Street and Upgrading
of the cast iron verandas near Park Street
The requested update on the above items was provided by Yarra’s Senior Heritage
Officer.
The matter of the reinstatement of the half gas lamp at the junction of
Pigdon/Scotchmer Street and Nicholson Street is being managed by Urban Design
unit and that she is in touch with them in identifying an appropriate location.
The project for restoration of the cast iron verandas near Park Street (Nicholson
Street) is cost intensive and is waiting for an appropriate budget allocation.
A permit application for the removal and reinstatement of the veranda at the old
Butchers shop (745 Nicholson Street) was assessed by Council’s heritage advisor
for Statutory Planning unit. The reinstatement would need to fulfil the
recommendations included in the permit conditions.
6. Strategy implementation reporting
The Senior Heritage Officer informed HAC that she will be seeking feedback from
different units of Council on the implementation of heritage actions relating to their
unit/department and would present this information to the next heritage Advisory
Committee meeting.
HAC members were invited to email their priority projects to RS by mid-September
2020.
7. Budget Items for the Budget Bid 2020-2021
The Senior Heritage Officer also informed the Committee that budget bids for the
next financial year need to be prepared in October. She requested the HAC
members also send their priorities for heritage budgeting in the next financial year to
her by email for inclusion in the bidding process and for incorporation into the
Heritage budget bids for the year 2021-2022.
8. Other Matters Council elections – Caretaker period
The Committee was informed that that care taker period will start on 24 September
2020.
Scotchmer Street Picket Fence
HAC was informed about the proposed removal of picket fence from the junction of
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 15
old Inner Circle rail line and Scotchmer Street, for safety requirements related to
bicycle/vehicle crossing. She explained that the picket fence is not significant from a
heritage point of view. The matter was also raised with the local historical society and
an advice has been sought from Terry Nott on the heritage significance and potential
removal of the picket fence.
Precinct Citations
Two samples of precinct citations have been circulated, which were prepared to
implement Action 3 (part 1) of the Heritage Strategy. The Senior Heritage Officer
requested the HAC members provide any feedback to her by email so that she could
finalise citations for other precincts and place them on Yarra’s website for easy
access.
HAC members requested to provide any feedback on the sample precinct citations
by email up to 25 August 2020.
Councillor Jolly left the meeting at 8.03pm
COUNCIL RESOLUTION
Moved: Councillor O'Brien Seconded: Councillor Bosler
1. That Council:
(a) note this Delegate’s Report; and
(b) consider the General Business Motion regarding the HAC advice.
CARRIED UNANIMOUSLY
8.2 Councillor O’Brien - Yarra’s Art Advisory Committee (YAARTS)
Start time: 8.06pm
Councillor Jolly returned at 8.06pm
Committee Yarra’s Art Advisory Committee (YAARTS)
Appointed Councillors Bridgid O’Brien and Mi-Lin Chen Yi Mei
Date of Council Meeting 15 September 2020
Date of Report 10 September 2020
Report Author Bridgid O’Brien
The Yarra Art Advisory Committee (YAARTS) met virtually on 9 September 2020.
Cr O’Brien was in attendance. The YAARTS committee members reflect the cultural
richness of Yarra’s creative community. The committee provides advice to Council
arising from expertise in many artforms including theatre, festivals and events, visual
arts, music, architecture and design. Committee members share their connections
within the Yarra Art community through varied experience as practitioners,
producers, managers, business owners, philanthropists and by wider organisational
participation/membership.
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YAARTS is assisted by two formal working groups with further community members:
the Visual Arts Panel (specifically to provide advice on public art and the
management of the Yarra Art and Heritage Collection) and the Room to Create
Panel (specifically to provide advice on affordable creative spaces in Yarra). The
Visual Arts Panel last met on 13 August, and the Room to Create Panel on 3
September.
Agenda items for the YAARTS meeting included:
1. Yarra Arts and Culture Strategy:
The committee discussed the impact of COVID-19 on a four-year plan. The
significant and extensive work involved to prepare the draft four-year Arts and
Cultural Strategy for 2021-2025 was acknowledged. It was agreed, given the
significant impact of COVID-19 on the creative community and the uncertainties
around recovery, the development of a 12 month strategy with an implementation
and action plan for 2021 was a priority, to focus work on ensuring the sector survived
and continued to be a vital part of Yarra.
The information collated through environmental scans, reviews of other relevant
policies and strategies, engagement with community members conducted through
online surveys and discussions within the advisory committee and working groups
had been developed into a substantive Discussion Paper and identified Priority
Areas for council action. However, restrictions arising from the pandemic meant final
community consultation to develop action plans was not possible.
The Key Priority Areas identified from the consultation process will inform the future
Arts and Cultural Strategy proposed for 2015-2020. The committee discussed at
length possible actions for Council that would support the arts and culture sector and
mitigate the significant impact on the creative community from the COVID-19
pandemic.
The key priorities identified for Council were to:
(a) make it easier for artists and creative businesses to run outdoor events in
parks, streets and non-traditional spaces by providing in-kind support and
reducing red-tape as a part of the COVID-19 recovery;
(b) encourage and provide networking for partnerships between artists, arts
organisations and Yarra’s businesses to create new opportunities to make and
present arts and culture as a part of the COVID-19 recovery; and
(c) promote the health and wellbeing impact of community engagement with the
arts and culture sector, through the development of new strategies to increase
access to art and culture - digitally and in person.
2. Submission to the Parliamentary Inquiry into creative and cultural
industries and institutions:
The Committee discussed the draft submission to the Australian Government
Parliamentary Inquiry into the creative sector. The direct and indirect economic
benefits, employment opportunities within creative and cultural industries and how to
recognise, measure and grow them will be considered. Submissions to the Inquiry
into Australia’s creative and cultural industries and institutions are due 22 October
2020.
The YAARTS Committee submission reinforces the cultural, social and economic
value of the arts to Australia. In Victorian the sector is worth $111.7bn, employs
50,000 practising professional artists and 600,000 creative industry workers,
representing 8.6% of the State’s workforce.
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 17
The Committee submission highlights the enormous contribution Local Government
is making to support the sector and urges the Federal government to make a suitably
substantial financial contribution and develop a creative-led recovery for the nation.
Specifically, the Committee encourages the Australian Government to consider a
scheme to match Local Government funding to the arts and culture sector across
Australia, and further the funding should be administered at the local level.
3. Acknowledgements:
The Committee was thanked for their contribution to Yarra Council and for the advice
they have provided to Councillors in this term. The importance of the creative
community and the contribution of the artistic and cultural sector to life in Yarra was
acknowledged as central to the fabric and character of our municipality.
The draft submission is attached to this delegates report.
ATTACHMENT
Australia’s creative and cultural industries and institutions
On 26 August 2020 Minister for Communications, Hon Paul Fletcher MP asked a
Parliamentary Committee to inquire into and report on Australia’s creative and cultural
industries and institutions. Submissions due 22 October 2020.
09 September 2020
CITY OF YARRA’S SUBMISSION:
Yarra City Council’s Arts Advisory Committee (YAARTS) makes this submission to the
Australian Government’s Parliamentary Committee inquiring into Australia’s creative and
cultural industries and institutions as requested by the Minister for Communications, Hon
Paul Fletcher MP on 26 August 2020.
Yarra City Council is one of 79 local government authorities in Victoria. Our city is defined by
arts and culture; the many creatives who live and work in our city contribute to the
economic strength of our city, provide place making and community building for our
residents and attract local and international tourism to our city.
Yarra is on the international stage in areas of innovation and technology, music, visual arts
and fashion. An ecosystem of creativity, hospitality and knowledge industries is what makes
Yarra unique, makes us a sought after city to work and live and puts Yarra on top destination
lists globally.
As a city of 100,000 residents we are serviced by over 75 live music venues, over 60 galleries
and artist run spaces, 2 major creative precincts (the World Heritage Abbotsford Convent
and the Collingwood Arts Precinct), and over 15,000 small businesses, many of them are
creative in areas of architecture and design, film, fashion, arts and crafts etc.
YAARTS is a special committee made up of Councillors and local arts and cultural experts
appointed to provide advice to Yarra City Council. The committee’s role is defined by the
Local Government Act 1989.
YAARTS community members reflect the cultural richness of our council, with expertise in
many artforms; including theatre, festivals and events, visual arts, music, architecture and
design and their connections to the arts are varied from being practitioners, producers,
managers, business owners, philanthropists and participants.
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 18
YAARTS members make this submission to the Committee to urge the Australian
Government to introduce substantial and strategic measures ensure the Australian cultural
industries are sustained in this period of hibernation, given the support to reopen and
operate after the shuttering, and for our country to champion a creative-led recovery by
integrating creativity and innovation into all aspects of our work. We believe this is a
valuable opportunity for our country to showcase our unique arts and culture and investing
in this sector will bring economic, social and cultural benefits to us all.
Whilst it is well known that Australia’s cultural and creative sector is worth $111.7bn and
employs 50,000 practising professional artists and 600,000 creative industry workers, the
material and legislative support for this sector needs to be further considered by the
Australian Government.
We argue that there is already a substantive body of work that has been commissioned by
many bodies, the Australia Council for the Arts included, that document the direct and
indirect economic benefits and employment opportunities of the creative and cultural
industries.
Creative Victoria research shows that the creative industry adds $33.9 billion to the
Victorian economy, generates $1.5 billion in exports per year, attracts $2 billion in
international cultural tourism and employs 8.6% of our workforce.
Arts and culture made an important contribution to Yarra’s economy. We have a large
number of registered businesses in Music and Performing Arts many of which are self-
employed. The live music sector alone contributed $130m to the Yarra economy and
provided over 2,300 jobs.
We urge the Australian Government to recognise this data and other data it should have
access to and is readily available.
We contend the information available on the non-economic benefits that enhance
community, social wellbeing and promoting Australia's national identity have been
articulated over and over again in many reports that vary from academic research, studies
by health agencies, not only in Australia, but globally and that this has been reinforced by
individual testimony from thousands of Australians who participate in cultural activities as
makers or consumers.
The nature of the industry – people centred, service driven, thriving on the mobile lives we
have built as a global community has meant many have had to adapt to a new way of
working or, in the case of international touring and tourism, go into hibernation. The
Australian Government’s Jobseeker and JobKeeper schemes have been a welcome relief to
many working in the creative industries, to provide financial aid to enable people to live; and
we welcome specific funding streams that have been created to stimulate the creative
economies. Government funding is critical, as it is the case in the other sectors.
More needs to be done.
The Victorian Government, along with other state governments across the country, has
released a range of grants targeting the creative industries, of which I am sure the
Committee is aware of.
Yarra City Council has also made a significant contribution to this space. Council passed an
extraordinary $7.4 million package for COVID-19 relief and that includes quick response
grants, rent relief and more substantial recovery grants specifically for the creative
industries in Yarra. The request from the community far exceeded our funds and the
response has been extraordinary.
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 19
We have seen artists use small amounts of this funding to share lives of our diverse high-rise
public housing tenants during this pandemic times: I encourage you to have a look at Bri
Hammond’s project as a case study in demonstrating the social & cultural value of the arts.
Similarly some of our creative businesses just needed some funding to help them create
new online platforms to reach their existing audiences. Again, we have examples of writers
groups, visual arts teachers, and craft organisations who were able to create new ways of
providing their services online.
Our role in these examples is simply to provide some funding support. The creative sector
are brimming with ideas on how they want to innovate and adapt.
We urge the Australian Government to increase the funding allocation to the Australia
Council, as a legislated body supporting Australian artists and arts organisations, as well as
increase the funding schemes and funding pools to creative businesses.
We encourage the Australian Government to consider a scheme of matching the funding to
arts and culture made by local governments across Australia, and for that funding to be
administered by local governments. This is one example of how governments can work
together.
A recent report by A New Approach, an independent think tank, called Transformative:
Impacts of Culture and Creativity summarises very comprehensively the opportunities for
Australian action across government, business and philanthropic sectors. We think there is
much already prepared in this report for the Australian Government’s response to the
COVID-19 pandemic.
Specifically these recommendations should be prioritised:
Department of Industry, Innovation and Science; Australian Research Council; Universities;
Chambers of Commerce; Industry leaders: Identify areas of potential comparative advantage
and incorporate the creative, cultural and digital sectors in industry development programs
such as the Industry Growth Centres, Industrial Transformation Scheme and Cooperative
Research Program. This will assist in diversifying Australia’s economic base and addressing
our trade deficit in creative goods and services.
Department of Health; Universities, health care providers; Australian Research Council;
health insurers: Recognise the positive impacts of arts and cultural interventions in treating
loneliness and mitigating the risk of dementia, and prioritise research and investment in
randomised-controlled trials for Australia-specific interventions.
Philanthropists and other private supporters; Government agencies; Local, state and territory
governments; Religious Institutions; Not-for-profits: Prioritise new investment in cultural
participation programs and arts-based initiatives that bring together communities and give
individuals both skills and a greater sense of agency to encourage greater social inclusion
and cohesion.
We urge the Australian Government to listen to the Australian people, who according to
Australian Bureau of Statistics data love arts and culture (82.4% attending cultural venues
and events), and are prepared to invest in it (spending more than $25 billion a year on
cultural goods and services).
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 20
COUNCIL RESOLUTION
Moved: Councillor O'Brien Seconded: Councillor Chen Yi Mei
1. That Council:
(a) note this Delegate’s Report; and
(b) formally thank the Committee for their contributions and support during
this Council term.
CARRIED UNANIMOUSLY
9. General Business
9.1 Councillor O’Brien – Actions from Heritage Advisory Committee
Start time: 8.07pm
COUNCIL RESOLUTION
Moved: Councillor O'Brien Seconded: Councillor Jolly
1. That Council:
(a) notes the Delegates Report arising from the Heritage Advisory
Committee meeting of 6 August 2020;
(b) notes the Heritage Advisory Committee:
(i) concern that a number of very tall development proposals within
Heritage Overlay areas are going directly to VCAT without a
Council determination due to the 60-day response period lapsing;
(c) requests the following clarifications be sought from appropriate Officers,
be provided to Council and forwarded to the Heritage Advisory
Committee:
(i) How does a failure to determine a planning application within 60
days affect the evaluation of these proposed developments from a
heritage streetscape protection and heritage neighbourhood
character standpoint at VCAT; and
(ii) Does this diminish the connection of local heritage expertise in the
final decision-making process?
(d) refer the possibility of the 60-day response period and Council Actions,
for inclusion as part of the Push Notifications System considered by the
Council on 18 August and supported by Resolution;
(e) request advice from Officers about the impact of the 128-144 Wellington
St development proposal on views to Yorkshire Brewery and if this will be
considered by the planning authority;
(f) refer the inclusion of view protections of the Royal Exhibition Building
Dome as recommended in the World Heritage Management Plan to the
Landmarks Policy;
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 21
(g) requests appropriate Officer’s explore possibilities to amend the
Landmarks Policy to include the Protections of Views, before it goes on
public exhibition as part of the Planning Scheme Rewrite;
(h) requests advice toward:
(i) implementing a centralised heritage oversight of all Council
planning matters;
(ii) Council Reports including a specific section on heritage
implications; and
(iii) opportunities for further education and training in heritage for key
Council officers; and
(i) notes that the Delegates Report from the HAC 25 June 2020 meeting
was presented to Council on 18 August 2020:
(i) request Officers provide a written response to the Heritage
Advisory Committee on Items 3, 5, 6 & 7 of that Delegates Report;
and
(ii) Item 4 be referred to the next Budget review.
CARRIED UNANIMOUSLY
10. Questions without notice
This record is provided as a summary of the questions asked by members of the public
during Public Question Time at a meeting of the Yarra City Council. A recording of the
Council Meeting (including Questions Without Notice) is available on Council’s website
for twelve months following the meeting. Where a question is taken on notice and
unable to be answered at the meeting, the full response is also published on Council’s
website when it becomes available.
10.1 Councillor Stone – Construction Activity in Yarra
Question:
We all know the State Government has indicated that construction sites can work
outside the usual hours as long as they have Council permission and that these
applications be considered on case by case basis, but we also know that there have
been a number of cases in Yarra where construction sites have lead local residents
to believe that they have Council permission to work outside the regular hours and
have caused quite a lot of distress to people who are trying to work and educate
children from home, not to mention trying to sleep. In fact, there a numerous sites
breaching local laws at the moment in relation to parking and off-site impacts of
their works due to the lack of enforcement and restrictions on officers doing work.
What actions are officers taking to firstly ensure that impacts on residents and
businesses are considered when the Extension of Hours Applications are made?
Secondly, what proactive work can be done to ensure that construction sites in
Yarra understand that just because it’s COVID it’s not the ‘Wild West’ and that they
are still accountable under their Construction Management Plans?
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 22
Response:
The Director City Works and Assets advised;
I can answer part of the question in relation to what can be done in relation to
permits and our considerations and as Councillor Stone mentioned the State
Government is encouraging increased construction activity. We have had a number
of requests for outside of hours permits and we have taken those on their merits
case by case. Our assessment of those really is what works can reasonably occur
without having an unreasonable impact on residents; where there are internal
works, where they are not noisy or lots of vibration or dust, we consider that those
works can occur. There has been a small number of permits where we have
granted additional operating hours. We have also had a lot of discussions with
development sites that have had some interest in that where we have just indicated
that we wouldn’t do it; where rock breaking, noisy or intrusive works, we have told
them that we wouldn’t consider outside of hours permits. There are a number of
sites where we have refused applications.
The Director Corporate Business and Finance also advised;
We are still enforcing construction obviously because there are a lot of safety
aspects especially with Construction Management Plans. Our Construction team is
still working and enforcing CMP’s.
Please send through any specific examples or suggestions of any developers or
builders that are breaching any permissions so I can work with the Compliance
team to monitor them.
We do have to work under the proviso we are allowed to enforce and be out
working on safety related matters. That’s a very specific proviso of stage 4
restrictions that we are in and hopefully only a couple of weeks to go and I think
with the opening up of the constructions industry that’s foreshadowed we would be
able to be out and even more proactive. Happy to take on notice any specific
concerns from residents or Councillors.
10.2 Councillor Stone – Council Resolution on Black Lives Matter
Question:
We unanimously resolved on 23 June on a number of actions in relation to a local
response to the Black Lives Matter Movement. In particular we resolved that there
should be a report back to Council in August on opportunities for public art and
signage. We had that report and we made a decision on that. Secondly, a report
back in September on how Yarra could or should acknowledge the movement in
consultation with Aboriginal and Torres Strait Islander community in Yarra. I
understand that the in consultation with the community, that report has been
deferred for now and there is no further opportunity for this Council to consider it.
Can the CEO given an undertaking publicly that this report will be presented to the
new Council for consideration as soon as possible please?
Response:
The Chief Executive Officer advised;
I can publicly assure Councillors that when the new Councillors are elected we will
not only have an induction on this matter but we will also have a Council report as
early as November or December.
The Group Manager People and Culture also advised;
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 23
That is correct and Councillors can be assured that the report will not be forgotten
and has been tabled as part of the Forward Report Schedule for early December. It
also does form part of a very formal training program that we have been in
discussion with the Aboriginal Partnerships team. So it will be an induction as well
as a Cultural Awareness training program for the new appointed Council, as well as
for the Executive and management teams.
10.3 Councillor Fristacky – Gertrude Street Open Air Dining
Question:
We heard tonight from some traders in relation to open air dining on Gertrude Street
but the issue poses more broadly and the reference to the minister supporting that.
At the same time the Premier has announced strict enforcement of clearways on
arterials.
How can that be reconciled with the fact that so many of our hospitality businesses
are on roads that have clearways and is the CEO taking this up with the
government?
Response:
The Chief Executive Officer advised;
This matter has already been taken up with the Department of Transport (DoT).
The two goals do not match and they have taken that on board. I will be receiving
further information tomorrow so I keep Councillors informed via a memo on board
books.
The Mayor adjourned the meeting at 8.24 pm
The meeting resumed at 8.28 pm
Yarra City Council – Council Meeting Minutes – Tuesday 15 September 2020Minutes Page 24
11.1 Elizabeth Street bicycle lane
Reference: D20/140119
Authoriser: Director Planning and Place Making
RECOMMENDATION Start time: 8.28pm
1. That Council note that:
(a) the December 2019 Council resolution required officers to implement a 12 month trial
of protected bike lanes in Elizabeth Street and to monitor its performance via quarterly
update reports before reporting back formally to the Council on next steps within 6
months of the conclusion of the12 month trial period;
(b) the project had been stated as an intended bike project in Council adopted strategies
since 2010, being referenced specifically in the 2010 Bike Strategy, the 2015 Bike
Strategy Refresh and also, in the Climate Emergency Plan (May 2020);
(c) the protected bike lane trial was designed to specifically provide for safer cycling on a
strategic bike route;
(d) the protected bike lanes were installed and completed in early July this year through
the process of a ‘pilot and trial’ methodology so that:
(i) it could be tested, adapted and adjusted, as need be, through minor changes to
improve its performance, and
(ii) its performance can inform future decisions of the Council as to whether or not
the separated bike lanes should be confirmed and formalised through more
permanent road surfaces and treatments;
(e) the separated bike lanes require a particular width of bike lane and buffer strip to be
effective, safe and efficient. This enables cyclists to travel in a safe and comfortable
manner and for the lanes to be capable of accommodating increased ridership into the
future;
(f) the width of the separated bike lanes implemented in the trial are similar to those used
in stage 2 of the Wellington Street, Collingwood separated bike lanes;
(g) the current 2016 VicRoads guidelines of the Department of Transport provide certain
minimum widths of bike lanes abutting parked cars and carriageway lanes, and also
buffer lanes to minimise propensity for car dooring of cyclists;
(h) the Department of Transport have developed draft new Cycling Guidelines, which, it is
understood, will be considered for formal endorsement very shortly, possibly by the end
of September this year; and
(i) the limited road width (kerb to kerb) of Elizabeth Street, east and west of Lennox
Street, does not enable carparking on both sides of the street to be provided unless the
protected bike lanes are reduced to a width of approx. 1.5 m in some sections with a
buffer lane of 0.5 m, that is not compliant with the 2016 VicRoads guidelines.
2. That Council further note:
(a) the concerns of the local community expressed since the installation of the trial
separated bike lanes, and in particular, the matters raised regarding safety, and
perceived safety, due to stated need to often park their car further away from their
homes and the concerns stated regarding local behavioural issues in the street;
(b) the other concerns raised in the written material provided to Council by many
community members (as reproduced in Attachment 3);
(c) the petition lodged with Council on 21 July, 2020 with some 75 signatures as
reproduced in Attachment 2;
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